Register Now • 1-877-927-7936 • CanadianInstitute.com/LPO
Sponsored by:CHAIR:
Jim Middlemiss Editor
Legal Post Section of Financial Post
See inside for details
OUTSTANDING SEASONED
SPEAKER FACULTY INCLUDES:
Gavin Birer
Lawyer and Founder Legalwise
Hilary Clarke Partner McMillan LLP Cindy Cross
VP & General Counsel
Travelex Global Business Payments Carla Swansburg
Senior Counsel RBC Financial Group
February 18 & 19, 2010
| Marriott Bloor Yorkville Hotel | Toronto
GAIN THE COMPETITIVE ADVANTAGE!
Take Back to the Office
• ADVANCED,
LPO-specifi c post-contract administration tips and dispute
resolution techniques
• STRATEGIES to protect against potential ethical dilemmas
• BEST PRACTICES on exploiting the LPO benefi ts and successfully
confronting the challenges
TOPICS TO BE COVERED
• Examining the adequacy of the Canadian regulatory framework
• Getting up to speed on latest LPO trends and developments: making an
informed decision
• Gaining insight into the various pricing and governance models: selecting
the right one for you
• Remaining competitive in the Canadian Legal Market: Maximizing
effi
ciency. Reducing costs.
PLUS! Gain additional invaluable skills by attending the mid-conference early-riser workshop session on February 19, 2010 Demystifying the Complexity of Structuring, Drafting, Implementing and Negotiating Outsourcing Agreements – A Guide to Success!
The Canadian Institute’s
Eff ective LPO Implementation
& Management Strategies to
REDUCE LEGAL COSTS
Enhance Effi
ciency • Increase Flexibility
Come Find Out If LPO Is Right For YOU!
CHAIR
Jim Middlemiss
Editor, Legal Post Section of Financial Post
SPEAKERS
Joshua Auslander
CFO
Consumer MT Inc.
Gavin Birer
Lawyer and Founder Legalwise
Hilary Clarke
Partner McMillan LLP
Rohit Kochhar
Founder & Co-Chairman LexEdge
Cindy Cross
VP & General Counsel
Travelex Global Business Payments
Allan C. Hutchinson
Professor
Osgoode Hall Law School
Kelly Inglese
Managing Director Platinum Legal Group
Joe Milstone Co-Founder Cognition LLP Carla Swansburg Senior Counsel RBC Financial Group President
Association of Corporate Counsel’s Ontario Chapter
Stephen Taran
President
TVA | Th e Legal Outsourcing Network
Tamara Vanmeggelen
Senior Counsel, Law Group Royal Bank of Canada
Manish Vig
Managing Director, Vice-President Strategy & Operations
LexEdge
Gary M. Zeiss, Esq.
Vice President of Corporate Transactional Group LawScribe, Inc.
SPEAKER FACULTY
WHO SHOULD ATTEND
• In-house Counsel/Managing Counsel • Law Firm Executive
• General Counsel/Deputy General Counsel/Assistant General Counsel
• Outside Counsel
• COO/CFO of Corporate Legal Departments
• Corporate Heads (Executive Directors, Finance Directors, Managing Directors, Controllers, Analysts)
• Private Practice Counsel specializing in: M&A, Intellectual Property, Patent Litigation, Legal Process Outsourcing • Law Firm Managing Partners
• VPs & Directors of Outsourcing • LPOs
• LPO Consulting Firms
• Regulators (LSUC, OSFI, Government)
• Financial Institutions (CFO, In House Counsel, General Counsel, Analyst)
• LawPro Representatives
SPONSORSHIP & EXHIBITION OPPORTUNITIES Maximize your organization’s visibility in front of key decision-makers in your target market. For more information, contact Business Development Executive Andrew Thompson at 416-927-0718 ext. 232, toll-free 1-877-927-0718 ext. 232 or by email at [email protected]
Despite growing enthusiasm in the Canadian market, there has been resistance towards Legal Process Outsourcing (LPO). Th e current economic circumstances, however, are causing a push towards increased effi ciency and cost-reduction within legal departments and law fi rms, not only across the country, but worldwide. LPOs can provide both law fi rms and legal departments with a viable option for better-allocated resources, cost-reduction and enhanced overall effi ciencies. BUT, is it right for you?
Th e Canadian Institute has developed this brand new conference to
help you get the answers you need. Critically assess the benefi ts and weigh them against the risks, challenges and possible impediments of LPO. Leave with valuable information, expert knowledge and latest insights that will give you the advantageous ability to help make an informed decision as to whether LPO is right for your in-house corporate legal department, law fi rm or fi nancial institution legal department. Law fi rms: attend to learn if and how you can construct and implement an LPO arrangement that will better allow you to meet the needs of your clients. Be responsive to their needs.
Whether you are in-house or part of a private practice fi rm (small or large), whether you are only just beginning to contemplate legal outsourcing or already have an outsourcing arrangement in place –
you cannot aff ord to skip this event.
Th e Canadian Institute’s Eff ective LPO Implementation &
Management Strategies to REDUCE LEGAL COSTS will provide
you with the critical information you need to make a decision as to whether to enter into an LPO arrangement. PLUS!! Learn how
to structure and execute an LPO arrangement as well as how to manage an already-existing one by obtaining tips, strategies and
best practices from the experts. Th is is a MUST-ATTEND event.
GAIN THE COMPETITIVE ADVANTAGE.
Don’t wait until you fi nd yourself struggling to compete within the rapidly-evolving global market. Obtain the knowledge now. Review your alternatives today. Make a decision quickly…before it’s too late.
Add the very best value to your attendance: obtain take-home techniques & practical strategies on constructing outsourcing agreements and get tips on drafting, reviewing, negotiating and terminating outsourcing agreements by attending our mid-conference early-riser workshop session: “Demystifying the
Complexity of Structuring, Drafting, Implementing and Negotiating Outsourcing Agreements – A Guide to Success.”
Register now by calling toll-free 1-877-927-7936 or online at www. canadianinstitute.com/LPO.
Book your place now before all the spaces are secured by your competitors. We’ll see you in February!
DAY ONE | FEBRUARY 18, 2010
8:15
Registration Opens – Coffee Served
9:00Opening Remarks from the Chair
Jim Middlemiss
Editor
Legal Post Section of Financial Post
9:15
Outsourcing Mechanics: The What’s,
How’s and Why’s! Bringing You Up to
Speed on Trends and Developments
Gavin BirerLawyer and Founder Legalwise
Jim Middlemiss
Editor
Legal Post Section of Financial Post
Joe Milstone
Co-Founder Cognition LLP
Th e delivery of legal services is in a state of fl ux! Clients and legal departments are demanding greater value, billing transparency, fl exible billing arrangements and innovative alternatives. Although it’s still in its nascent stages, LPO is grounding itself in the shifting Canadian market. Th is increasingly attractive option provides law fi rms and corporations with a way in which to reduce costs with improved effi ciency and productivity; and yet many are still turning a blind eye to it. Law fi rms that fail to construct and implement an LPO arrangement may soon fi nd themselves struggling to compete within the rapidly-evolving global marketplace. Legal departments that fail to do so may fi nd themselves overwhelmed, over-budget or both. Uncover novel ideas, review the alternatives and learn how to implement them successfully. Th is session will provide a macro-analysis on the latest outsourcing trends and help you decide whether outsourcing is right for you.
• Surfacing trends of LPO: globally and within Canada - Is this a fad or a new reality?
- Anticipating the impacts & obstacles of LPO and gearing up to overcome them successfully
- Identifying new trends and emerging developments • Identifying the types of legal services being outsourced and
by whom
- Size and length of the projects
• Th e A to Z of LPO: understanding the mechanics of LPO - How does it all work?
- Tips, traps & trends!!
• Weighing the advantages and disadvantages - From a law fi rm perspective
- From a corporate perspective
• Investigating the value proposition for LPO - Examining the actual/projected cost savings - Identifying revenue growth
- Quantifying the fi rm/company ability to better allocate resources
- Remaining competitive in an ever more economically-susceptible market
- Deciding if outsourcing is right for you • Working with your client/law fi rm
- Law Firms: What are your client’s expectations? Are you taking adequate action?
- Clients: How is your law fi rm responding? Is it servicing your needs? What opportunities exist?
• Outsourcing Models: exploring the similarities and diff erences. Looking at the pros and cons of each.
- Outsourcing the corporate counsel/in-house functions in whole or in part
- Comparing nearshoring against off shoring • Selecting and implementing the right model
- Comparing: associated costs, transition & implementation procedures, timelines and potential tax implications - Determining which outsourcing model is appropriate for
which service
• Learning about what can/can’t be outsourced and why • Th e RFP Process: when/if this ought to be used?
- Pros/cons of this process
- Structuring the RFP to obtain what you are asking for - Proposed terms and conditions
- Security parameters - Requirements - Service quote
- Comparing one proposal against another - Avoid comparing apples to oranges
- Identifying a service provider’s strategy and short/long-term business objectives
- Choosing the right fi t! Consider:
- Labour supply; Cost savings; Cultural diff erences; Regulatory inconsistencies; Requisite expertise; Quality of work product and results
• E-Discovery
- What is it and how does it work? - Th e advantages and disadvantages of it - Transition and implementation
- Does outsourcing facilitate the e-discovery process? 10:30
Networking Coffee Break
10:45
Protecting Against Ethical Dilemmas that
Surface with LPO
Alan C. HutchinsonProfessor
Osgoode Hall Law School
• Delving into the ethical concerns of LPO arrangements • Gauging and ensuring adequate supervision
- Monitoring someone in another country • Unauthorized practice of law
- Malpractice risks and liability issues
Th is program has been accredited by the Law Society of Upper Canada towards the professional development requirement for certifi cation.
Corporate & Conference Workshop Commercial Law 11 hours 2 hours
• Confi dentiality and privacy issues - Solicitor-client privilege
- Meeting disclosure and confi dentiality obligations - Implementing processes to protect sensitive information
and minimize breaches
- Data encryption and disaster recovery - Privacy Laws:
- Dealing with diff ering and potentially confl icting privacy laws
- Confronting the issues and challenges • Identifying and protecting against confl icts of interest • Billing transparency issues: why this is a concern • Properly advising your client
- Clarifying your clients’ needs and expectations - Making your client aware of the LPO arrangement - Explaining the arrangement and obtaining consent 11:45
Networking Luncheon for Delegates &
Speakers
1:00
The Regulatory Framework: Adequate or
Absent? Circumventing Liability
Alan C. HutchinsonProfessor
Osgoode Hall Law School
When working across various jurisdictions it is imperative that you understand what the protections, challenges and risks are. Whether you are a fi nancial institution, a law fi rm or a corporate legal department outsourcing legal work, you need to know whether the Canadian regulations are adequate.
• Reviewing regulations: are they adequate? - Is the public adequately protected? - Adequately policing the outsourced lawyer
- Best practices on how to adequately protect your client/ company
• How do Canadian regulations fi t within the regulatory framework of the outsourced jurisdictions?
- Understanding the legal and regulatory system for outsourced legal services in India
- Dealing with cross-jurisdictional issues + confl icts • Lawyers: understanding your professional liability
- Identifying when outsourced work entails the unauthorized practice of law
- Understanding the liability concerns - Issues surrounding enforcement
• Lawyers: maintaining your own ethical responsibility - Complying with the Rules of Professional Conduct - Recognizing ethical stance of the outsourced lawyer • Understanding the OSFI Expectations
- Navigating the B10 Regulation - Confronting the challenges - Ensuring compliance
2:00
Networking Coffee Break
2:15
COST-BENEFIT ANALYSIS: Review
the Benefits. Confront the Challenges.
Navigate the Impediments. Protect
Against the Risks.
Rohit Kochhar
Founder & Co-Chairman LexEdge
Stephen Taran
President
TVA | Th e Legal Outsourcing Network
Th e benefi ts of outsourcing legal work can be tremendous. However, one cannot fully take advantage of the benefi ts without understanding the challenges and risks of the process. During this session, experienced onshore and off shore LPO professionals will lead you through a case study and teach you to exploit the benefi ts while protecting against the risks.
Th e Advantages of Off shore vs Onshore LPO • Cost savings: fractional costs
• Increased effi ciency: 24/7 resources
• Advanced quality assurance: skilled professionals Challenges/Risks of India LPO vs Onshore LPO • Maintaining client confi dentiality
• Ensuring service provider has requisite expertise • Regulatory scrutiny under varying privacy laws • High attrition: Inconsistent service provider • Confl icts of interest and ethical considerations • Inconsistency in work quality
• Performance issues when delegating work • Monitoring/controlling issues
• Risk management and risk allocation
Can a corporation or law fi rm successfully implement an LPO arrangement? Is it worth it? Is the choice right for you?
• Understand your business goals and requirements • What are your outsourcing needs?
• Defi ne your client’s needs and expectations
• Relay consistent requirements and expectations to various LPO providers when obtaining price quotes
• Review resumes and compare several service providers - Due diligence: reviewing reputation, insurance,
information protection and fi nancial viability - Picking the right service provider
• Weighing the pros and cons. Making a decision. • Clearly identify assignments and deadlines
• Assign a legal project leader to liaise between and monitor the Canadian fi rm/legal department and the LPO provider • Install review, audit and assessment mechanisms for
appropriate checks and balances
CASE STUD
3:30
Understanding the Various Pricing Models
and Selecting the Best One for You
Kelly IngleseManaging Director Platinum Legal Group
Manish Vig
Managing Director LexEdge
• Importance of selecting the right pricing model • Considering the various pricing models
- What are the rate structures in place? - Advantages/disadvantages of each
- Does a higher rate guarantee higher quality
• Are there any hidden costs to consider when outsourcing? • Benchmarking the costs for the larger scale projects • Gauging the fair market value of the outsourced work • Selecting the best pricing model for you
4:45
Chair’s Recap – Conference Adjourns
MID-CONFERENCE | EARLY-RISER
WORKSHOP SESSION
FEBRUARY 19, 2010 | 7:30 a.m. to 10:00 a.m.
Demystifying the Complexity of
Structuring, Drafting, Implementing and
Negotiating Outsourcing Agreements –
A Guide to Success
Gary M. Zeiss, Esq.
Vice President of Corporate Transactional Group LawScribe, Inc.
Th e implementation agreement for the LPO arrangement is the key to success and protecting against risks and liabilities. Before you attend on day two of the conference, make the most of your learning experience by coming and obtaining hands-on training hands-on LPO agreements. LPO arrangements have been likened to M&A transactions – the diff erence being that LPO arrangements are longer-lasting. With so much LPO providers, law fi rms, in house counsel and LPO consultants... this session will provide you with great templates, key tips and leading techniques for fostering a manageable and healthy relationship between the various parties involved.
• Pre-contract considerations
• Drafting tips: what to include in the agreement
• Structuring the outsourcing deal to meet your needs for client confi dentiality, quality of work project and risk management
- What the agreement must allow for:
- Include provisions that will allow you the right to audit
- Constructing a plan for knowledge transfer and drafting provisions; ensuring transfer is completed - Considerations for the various agreements
- Structuring the confi dentiality and non-disclosure agreements to uphold ethical standards
- Ensuring that IP rights are protected - Be mindful of the agreement context • Reviewing and renewing agreements already in place • Negotiating tips and traps to avoid
• Ability to adapt: draft to allow for revisions to deal with inadequacies or new developments if necessary
• Remedies for breach: build them into the contract • Drafting termination options into the contract Skills you will take back to your work environment: • Take-away strategies on eff ectively and persuasively drafting
an LPO agreement
• Implementation techniques for a smooth transaction • Improved negotiation techniques: things to keep in mind
when sealing a deal across jurisdictions
• Facilitating a healthy negotiation; obtaining a win win result
Don’t miss out on these invaluable expert techniques that will give you the leading edge on creating the very best LPO arrangement: facilitating a long-term relationship, a competitive edge and permanently preeminent results!
DAY TWO | FEBRUARY 19, 2010
9:45
Coffee Served
10:15
Opening Remarks from the Chair
10:30
Post-Contract Administration and Dispute
Resolution
Gary M. Zeiss, Esq.Vice President of Corporate Transactional Group LawScribe, Inc.
• Confl icts that may arise - Contract interpretation - Contract revisions
- Mismanagement of outsourcing transactions • Dispute Resolution Techniques
- Enforcing your commercial rights overseas
• Establishing dispute resolution processes early in the game • Having an Exit Strategy before you go in
• Coping with everyday issues
• Resolving tense situations while avoiding service interruption
• Termination Decisions
- Deciding whether client/fi rm should repatriate or move to another service provider
- Establish a contingency plan to protect confi dential information if relationship ends badly
CASE STUD
Y
11:45
Get it Right! Proper Governance Model
and Ongoing Management AFTER the
Contract is Signed
Rohit Kochhar
Founder & Co-Chairman LexEdge
Carla Swansburg
Senior Counsel RBC Financial Group President
Association of Corporate Counsel’s Ontario Chapter
• Reviewing the various governance model options and selecting the one that’s right for you and your client • Creating a training program
• Techniques for monitoring, assessing and auditing the LPO arrangement
- Establishing a line of communication to guarantee effi cient information exchange
- Establish a system to monitor quality of work that allows for necessary improvements when needed - Establish a process of accountability
• Benchmarking and its alternatives
• Best practices for day-to-day administration: real examples that have worked
• Reviewing governance and management experiences that have and haven’t been successful
12:45
Networking Luncheon for Delegates &
Speakers
2:00
Winning Strategies to Help Ensure Quality
Hilary Clarke
Partner McMillan LLP
• Understanding the real needs of your client or your organization
• Identifying the scope of the work to be outsourced
• Ensuring client retains appropriate expertise while the work is outsourced by implementing a framework to control and mitigate the risks
• Managing quality and exercising control with remote outsourced functions: logistics of fi le management • Should lawyer rely on the fi nal product delivered from the
outsourced service provider? - Adequately advising your client
3:00
Networking Coffee Break
3:15
Outsourcing Specific Legal Services:
What’s Worked? What Hasn’t?
Gavin BirerLawyer and Founder Legalwise
Tamara Vanmeggelen
Senior Counsel, Law Group Royal Bank of Canada
Cindy Cross
VP & General Counsel
Travelex Global Business Payments
Joshua Auslander
CFO
Consumer MT Inc.
Experienced experts in LPO are limited in the Canadian arena. Given that this is still a very new area, there is no greater source than to hear from the industry experts – those with real experience.
• What legal processes can feasibly be outsourced effi ciently? • Outsourcing in chunks vs outsourcing an entire legal
department/practice area
• Identifying the specifi c types of legal work that can be outsourced
- Corporate work: due diligence, corporate governance, public disclosure, regulatory compliance and
submissions
- M&A, fi nancings, shareholder agreements and arrangements
- IP: patent drafting, analysis and litigation
- Litigation: research, document review, due diligence - Commercial In-House Work: contracts, licensing,
employment, distribution and joint venture agreements, procurement, marketing and advertising
• Analysis of which areas achieve the greatest levels of effi ciency, cost savings and value-add
- What services are worth outsourcing and why? - What’s worked? What hasn’t?
4:30
Alternative Fee Structures and
Cost-Saving Strategies: The New Frontier
Joshua Auslander CFO Consumer MT Inc. Joe Milstone Co-Founder Cognition LLPWhether you are moving ahead with LPO or not, the incessant demand for cost-reduction and better value is loud and clear! Are billable hours approaching extinction? Corporate Counsel: You already know what you want: more inside resources that fi t within your headcount and budget and reduced legal costs on the outside. Come fi nd out about alternative billing and how to put it to work for you. Private Practice Counsel: Alternative billing and outsourcing could provide you with opportunities to maximize your profi tability and delegate repetitive, low-level work while increasing fl exibility and focusing your eff orts on key tasks that really require your time and attention. Th e sharpest law fi rms will get ahead of the game by listening and responding to the needs of their clients. Come fi nd out how to put alternative billing to work for your fi rm and your clients.
• Billing transparency issues: over-billing • Padding problems
- “Piling On”
- Treatment of expenses and disbursements - Perception issues
©The Canadian Institute, 2009
The Canadian Institute’s Green Initiatives:
EFFORTS
✓ We print all brochures with The Canadian Institute’s Environmentally Tri-Certified (FSC, PEFC, SFI) Print Partner
✓ We have reduced paper print and use by more than 25% over the past year
✓ We provide webcast options for individuals unable to travel to our events
✓ We encourage our delegates to recycle their conference badges
PARTNERS
The Canadian Institute, in partnership with Zerofootprint, is pleased to announce a program that will allow attendees to contribute to the reduction of carbon emissions associated with our events. For only $5 you can offset your contribution and support tire recycling projects in Canada. For more information visit www.zerofootprint.net
✓ We also work very closely with all conference venues to reduce, reuse and recycle
What are we doing to reduce the environmental impact of hosting conferences across Canada?
• Establishing adequate legal budgets that will allow for lower costs but maintain highest-quality work
• Reworking the business model • Alternative Fee Structures
- What do you want from your law fi rm?
- Understanding your corporate clients’ expectations? - Reviewing new options to hourly rates/billable hours
- How to use these eff ectively?
- Examining situations where alternative billing structures can be implemented
- What are the challenges with alternative fee structures? - Confi guring, negotiating and employing alternative fee
structures
- Monitoring the eff ectiveness of alternative fee structures • Benefi ting from billing software and technology
- Cost management
- Up the savings by improving process effi ciency
• Invoicing: increase effi cacy of legal invoice clarity and review • Choosing and retaining a law fi rm that will deliver the best
quality work at the lowest possible cost
- Ensuring your law fi rm is responsive to your needs - Corporate clients: What do you really want? More
in-house resources, more cost-eff ective outside counsel or some combination?
5:45
Chair’s Closing Remarks – Conference
Concludes
For over 20 years, The Canadian Institute’s conferences, summits and executive briefi ngs have provided the business intelligence that Canadian decision makers need, to respond to challenges and opportunities both here at home and around the world. With a view to provide information on the leading edge, The Canadian Institute operates as a think tank — monitoring trends and developments in all major industry sectors. Headquartered in Toronto, The Canadian
Institute produces over 180 events attended by thousands of senior executives from across the country. For more information, visit www.CanadianInstitute.com.
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Sponsored by:
LexEdge is Canada’s premier Legal Process Outsourcing (LPO) service provider off ering cost-eff ective, high quality services and proprietary smart software solutions to in-house legal departments and law fi rms across Canada. LexEdge is an affi liate of the Kochhar Group, one of India’s leading legal and business process outsourcing companies providing LPO services to large multinational corporations including Fortune 500 companies in Canada, North America, Europe and Japan. www.lexedge.ca
Sponsored by:
DISTANCE LEARNING IS NOW
AVAILABLE!
Attend the conference from the convenience of your home or offi ce. Save money on travel, or view the conference according to your own schedule. Th is interactive live webcast allows you to participate in the sessions as they occur, download handouts, and ask questions.
Th e recorded archives of the presentations will also be available for you to view after the conference is over, so you can re-watch sessions, or view any sessions you may have missed.
February 18 & 19, 2010
| Marriott Bloor Yorkville Hotel | TorontoThe Canadian Institute’s
Eff ective LPO Implementation
& Management Strategies to
REDUCE LEGAL COSTS
Enhance Effi
ciency • Increase Flexibility
Maximize Profi tability • Augment Competitive Edge
Top Reasons to Attend
CONFERENCE CODE: 405L10-TOR
YES! Please register the following delegate for the
Eff ective LPO Implementation & Management Strategies to Reduce Legal Costs
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